The Exchange Contract Guide is an
initiative designed to identify a common legal and commercial framework as the
starting point for contract negotiations among exchanges, vendors and client firms.
Both
the Working Group Sample Contract
and the Exchange Contract Guide
are available.
The overall goals of
the project are to build consensus on a set of guiding principles related to contract
negotiations and to offer FISD members a mechanism to promote constructive, non-confrontational
discussions on contract issue areas outside of the negotiating room.
The
goal of this activity is not to produce a "model or industry-standard contract,"
not an attempt to limit competition or restrict participants from agreeing to
terms best suited for their individual enterprise and clearly not a replacement
for bilateral contract negotiations. The Exchange Contract Guide is rather an
industry reference point containing a comprehensive set of contract issues, commentary
on the underlying business concepts and a range of practical contract text reflecting
valid policy options for industry-wide consideration.
FISD
members have been devoting significant resources to this activity because commercial
and technical opportunities to use data are developing faster than contracts which
govern their use. This project has become particularly important in that the industry
is in the midst of a global contract cycle and the development and negotiation
of contracts tie up valuable resources. There is general agreement among FISD
members that much of the effort expended in contract negotiations is duplicative
and wasteful. Standard terms of exchanges don't always correspond to situations
encountered by vendors and end-users and reaching agreement involves multiple
negotiations with each exchange only to result in contracts with only slight (but
administratively important) alterations. Most members agree that the majority
of those variations serve no commercial purpose except to prolong negotiation
and increase the costs of compliance.
FISD's
intent with this project is to offer the industry the ability to draw on the collective
experience of exchanges, vendors, and user firms -- and to use it to assess market
data policy recommendations and alternative points-of-view on important contract
issues. The ECG can be used as the starting point for new contract negotiation,
a point of comparison for existing contracts, and as a completeness checklist
on critical business concepts. It will hopefully provide for administrative efficiency
by simplifying and expediting the drafting and amending process, standardizing
terminology, and allowing participants to focus negotiation resources on key issues.
In addition, this initiative can help educate personnel outside of market data
on exchange contract issues and increase understanding of compliance rules as
well as promote stronger working relationships and increased confidence among
parties.
FISD is constantly looking
to make this product more useful. Your comments would be gratefully appreciated.
Please contact us with your feedback.